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Williams v. Rios

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


April 23, 2010

CHRISTIAN WILLIAMS, PETITIONER,
v.
HECTOR A. RIOS, RESPONDENT.

The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge

ORDER VACATING FINDINGS AND RECOMMENDATION ISSUED MARCH 3, 2010, GRANTING PETITIONER'S MOTION TO AMEND PETITION, AND DIRECTING PETITIONER TO SUBMIT AMENDED PETITION WITHIN THIRTY DAYS FROM DATE OF SERVICE OF THIS ORDER

[Docs. 4, 9]

Petitioner is a federal prisoner proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241.

Petitioner filed the instant petition for writ of habeas corpus on February 3, 2010. On March 3, 2010, the undersigned issued Findings and Recommendations to dismiss the petition as not cognizable under section 2241. (Court Doc. 4.)

On April 14, 2010, Petitioner filed a motion for leave to amend the original petition. (Court Doc. 9.) Petitioner states that on August 7, 2009, he was subjected to disciplinary action resulting in sanctions and criminal prosecution, and his challenge affects the duration of his confinement. Based on Petitioner's contentions in his motion, the Court will grant Petitioner the opportunity to file an amended petition clarifying his claim(s) for relief.*fn1 Petitioner is advised that pursuant to Local Rule 220, the amended petition must be complete in itself without reference to the prior petition.

Accordingly, it is HEREBY ORDERED that:

1. The Findings and Recommendation issued March 3, 2010, is VACATED;

2. Petitioner's motion for leave to amend is GRANTED;

3. The Clerk of Court is directed to send Petitioner a blank section 2241 petition; and

4. Petitioner shall file an amended petition within thirty (30) days from the date of service of this order.

IT IS SO ORDERED.


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